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ARTICLE · 22 SEPTEMBER 2021

SB 10 To Facilitate Upzonings, But Does Not Include CEQA Exemption For Corresponding Projects

Holland & Knight
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California Senate Bill (SB) 10, which Gov. Gavin Newsom signed into law on Sept. 16, 2021, and will take effect on Jan. 1, 2022, provides that local agencies may adopt an ordinance...

United StatesReal Estate and Construction
Ryan Michael Leaderman
Ryan Michael Leaderman
Daniel Golub
Daniel Golub
Deborah Brundy
Deborah Brundy
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Highlights

  • California Senate Bill (SB) 10, recently signed into law by Gov. Gavin Newsom, provides that local agencies may adopt an ordinance to allow up to 10 dwelling units on any parcel, at a height specified in the ordinance, if the parcel is within a transit-rich area or urban infill site.
  • The new law provides increased ability for pro-housing cities to approve potentially substantial upzonings without being held up by California Environmental Quality Act (CEQA) processing and litigation. However, since SB 10 exempts only rezoning – without providing any CEQA exemption or approval process for the actual housing – the law will have a limited effect in significantly advancing housing approvals for projects with discretionary approvals.

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